Congressional Digest

Supreme Court Debates February 2002 No. 2 Vol. 5
Lower Court Holding

Internet Pornography

Constitutionality of Restricting Access to Adult Websites

Lower Court Holding

Decision of the Third Circuit U.S. Court of Appeals

This appeal "presents a conflict between one of society’s most cherished rights — freedom of expression — and one of the government’s most profound obligations — the protection of minors." — American Booksellers v. Webb (11th Cir. 1990). The government challenges the district court’s issuance of a preliminary injunction which prevents the enforcement of the Child Online Protection Act (COPA), enacted in October 1998. At issue is COPA’s constitutionality, a statute designed to protect minors from "harmful material," measured by "contemporary community standards," knowingly posted on the World Wide Web for commercial purposes. We will affirm the district court’s grant…

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